You request my opinion whether a Vocational,Technical and Adult Education District Schoolis authorized by state law to provide aprivate organization with a list ofstudents who are on a waitinglist for a particular program.

Your question assumes that sucha list is kept by the school.

I am of the opinion that the statutespermit such a list to be furnishedto such private organization.

Such a list would constitute a public recordwithin the meaning of Section 19.21(1),Stats., and subject to inspection andcopying under Section 19.21(2), Stats.

I am enclosing a copy of an opinion to theSecretary of the Department of Transportationdated December 31, 1971, which discussesSections 19.21 and 66.77, Stats., asinterpreted by the Supreme Court in

State ex rel. Youmans v. Owens (1965),28 Wis.2d 672,137 N.W.2d 470,

and sets forth grounds which in specialcircumstances might be a sufficient basisfor initial denial of inspection.

Note that the opinion states that thecustodian is not required by Section 19.21,Stats., to make a search or compilea list or report.

52 OAG 8 (1963)

If a list is available and demand forinspection is made at reasonable time andplace, the custodian can only withholdinspection if he determines that the publicinterest in withholding inspection exceedsthe public interest, expressed by statute,in permitting inspection by any person.

Specific reasons must be given wheninspection is withheld and the person seekingthe same can then resort to court action totest the sufficiency of such reasons.

In my opinion, the fact that a privateorganization which operated a school orservice giving a somewhat related courseintended to use the list to solicit studentswould not be a sufficient reason to denyinspection or copying.

In 58 OAG 67, 71 (1969), which involvedaccess to birth records for commercialpurposes, it was stated:

The right to inspect and copy public records is in general extended to those who are engaged in the business of searching public records and furnishing to customers the information which is to be gained therefrom.

45 Am. Jur., Records and Recording Laws, Section 19.

However, the custodian may enforce such reasonable supervision and control of the records and those examining them as is necessary to the carrying out of the duties of his office and allowing other members of the public access to such records. . . . . . . . . .

Accordingly, in answer to your first questionI must conclude that subject to specificstatutory restrictions to the contrary,specifically stated sufficient reasonsof denial by the custodian, and subjectto the reasonable rules and regulationsof the custodian, any person may examineand copy birth records, and his reasonsfor doing so are immaterial.